Spinal Surgery Negligence

Spinal surgery negligence claims

If you have suffered avoidable injury following spinal surgery, whether because of a surgical error, delayed treatment, poor post-operative care or a failure to warn you about material risks, you may be entitled to claim compensation.

While compensation cannot undo the impact of surgical negligence or restore what you’ve lost, it can provide financial security and access to the support you need. A successful claim may help cover lost earnings, treatment costs, rehabilitation, care needs and other expenses arising from your injuries.

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Understanding spinal surgical negligence

Spinal surgery is often performed to relieve pain, improve mobility and prevent further deterioration of the spine. Most procedures are carried out successfully, but when mistakes happen, the consequences can be life changing.

Spinal surgery negligence is not limited to mistakes made during an operation. Negligence may also arise from delays in diagnosing spinal conditions, failures to refer for surgery, inadequate surgical planning, a failure to obtain informed consent, or poor post-operative care and monitoring. There could even be question as to whether the surgery was in fact necessary or not.

If you’ve suffered avoidable harm because of negligent spinal surgery, Enable Law’s specialist medical negligence solicitors can help you understand what happened and whether you may be entitled to compensation.

Our team has extensive experience supporting clients who have experienced serious injuries following spinal procedures, including cases involving spinal cord injury causing paralysis or foot drop, nerve root injury, dural tear (CSF leak), injury to other organs, development of bladder and bowel incontinence and chronic pain. It should also be mentioned that patients we have supported have undergone avoidable and unnecessary surgeries also.  

Speak to our specialist team today for a free, no obligation discussion about your circumstances.

Can I make a spinal surgery negligence claim? 

You may be able to bring a claim if a healthcare professional failed to provide an acceptable standard of care and this caused you injury or worsened your condition.

Examples of spinal surgery negligence can include:

  • Operating on the wrong level or area of the spine;
  • Delays in carrying out necessary surgery;
  • Unnecessary surgery following a misdiagnosis;
  • Surgical errors causing nerve or spinal cord damage;
  • Failures in pre-operative planning;
  • Anaesthetic errors or complications;
  • Inadequate post-operative monitoring and care; and
  • Failures to identify or treat complications such as infection.

The effects of negligent spinal surgery can be severe and may include paralysis, foot drop, ongoing pain, mobility problems, loss of sensation and bowel or bladder complications.

Types of spinal surgery claims we can help with

Our team has extensive experience supporting patients who suffered harm following a number of different procedures, but we have particular expertise in cases involving

Spinal fusion: this is a procedure used to stabilise the spine by joining two or more vertebrae together. Negligence may arise where:

  • Failure to recognise pseudoarthrosis (failed fusion);
  • Failure to identify adjacent segment disease;
  • Surgical hardware has been incorrectly inserted;
  • Infection is not prevented or treated appropriately;
  • The spinal cord, nerves or surrounding structures are damaged;
  • The procedure is carried out incorrectly; and
  • Appropriate rehabilitation is not arranged following surgery.

Discectomy: a procedure performed to remove all or parts of a damaged spinal disc. Potential examples of negligence include:

  • Failure to adequately decompress the affected nerve root;
  • Wrong level surgery;
  • Failure to diagnose recurrent disc prolapse following surgery;
  • Delayed surgery resulting in significant worsening nerve compression;
  • Failure to remove the problematic disc tissue;
  • Damage to nerves or blood vessels during surgery;
  • Injury to the dura surrounding the spinal cord; and
  • Inadequate post-operative treatment resulting in additional health problems.

Laminectomy: a procedure where part of a vertebra is removed to relieve pressure on the spinal cord or nerves. Negligence can occur where there is:

  • Excessive bone removal causing spinal instability;
  • Failure to identify post-operative haematoma causing neurological deterioration;
  • Unnecessary delay in treatment resulting in additional deterioration and additional operations;
  • Nerve damage during surgery; and
  • Inadequate surgical technique.

We can also advise on claims involving:

  • Disc replacement surgery;
  • Decompression surgery;
  • Foraminotomy procedures;
  • Revision spinal surgery; and
  • Emergency spinal operations.

Find out more about the cases we can help you with

We’re here to help. You can call us on 0800 0448488 or email or request a call back

Your rights and eligibility

If you have concerns about your surgery, or the care you received around surgery, you are entitled to find out more about the care you were given.  A solicitor will be able to help you with this and we can help you make a valid compensation claim.

Cases where compensation may be due include:

  • When an operation failed and it should not have done if carried out by a reasonably qualified person;
  • Where anaesthetic caused harm or an allergic reaction that could have been avoided or appropriate steps were not taken when that happened;
  • Where a loved one died during an operation and should not have done;
  • Cases where you were not warned of the risks of an operation;
  • The wrong operation was carried out; and
  • Secondary damage was caused (such as a cut to another organ) and it was not a reasonable risk of the procedure.

How can compensation help you?

Compensation is intended to put you, as far as possible, back in the position you would have been in had the negligence not occurred.

Depending on your circumstances, compensation may help cover:

  • Pain, suffering and loss of amenity;
  • Past and future loss of earnings;
  • Private medical treatment costs;
  • Rehabilitation and therapy;
  • Care and support needs;
  • Specialist equipment;
  • Adaptations to your home; and
  • Travel and related expenses.

Every case is different, so the amount of compensation awarded will depend on the specific impact the injury has had on your life.

Trusted expertise

As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.

We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.

We can help you on a no win no fee basis, meaning you don’t need to worry about funding legal costs

Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.

Choosing a spinal surgery negligence lawyer

Understanding what went wrong during surgical treatment is not always straightforward. Medical records can be lengthy, events may have unfolded over months or years, and specialist medical experts are often needed to assess whether mistakes were made and if their impact had a detrimental effect to the patient’s prognosis and recovery. Having an experienced surgical negligence solicitor on your side can help ensure the case is investigated thoroughly and presented effectively.

At Enable Law, we understand that spinal surgery injuries can have a life-changing impact on every aspect of your life.

Our specialist medical negligence lawyers can:

  • Investigate what happened;
  • Obtain and review medical records;
  • Instruct independent medical experts;
  • Establish whether negligence occurred;
  • Pursue compensation on your behalf; and
  • Help secure access to rehabilitation and support where appropriate.

We are committed to providing clear advice, practical support and compassionate guidance throughout the claims process to secure the compensation you need to get back into doing the things that matter most to you.

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Expert help with a spinal surgery claim

Speak to an expert today for a free, confidential chat about how we can help you.

Spinal surgery negligence FAQs

Not every poor outcome is caused by negligence. To succeed in a claim, it must usually be shown that the treatment fell below an acceptable standard and that this caused avoidable injury.

The value of a claim depends on factors such as the severity of the injury, recovery prospects, loss of earnings, care requirements and future needs. Every case is different but having the right expert in your corner means you can rest assured they will achieve the best possible outcome to meet your individual needs.

In most medical negligence cases, court proceedings must be started within three years of:

  • The date of the negligent treatment; or
  • The date you became aware that negligence may have caused your injury.

Different rules can apply to children and individuals who lack mental capacity. Because time limits can be complex, it’s important to seek legal advice as early as possible

Potentially, yes. If your condition deteriorated because of a surgical error, delayed treatment, misdiagnosis or inadequate aftercare, you may have grounds for a claim. If you have concerns about the care you received it is always better to speak to a solicitor. You have nothing to lose and everything to gain.

We offer No Win, No Fee funding in many cases, meaning you can pursue a claim without worrying about upfront legal costs. In some circumstances, we may also be able to use legal expenses insurance if you have suitable cover in place.

Every case is different, so we’ll discuss the funding options available to you and explain everything clearly from the outset. You’ll always know where you stand financially, and you’ll never receive an unexpected bill. If your claim is unsuccessful, you won’t have to pay our legal fees.